RAJINDER KAUR (DECEASED) THROUGH LEGAL HEIR USHA versus GURBHAJAN KAUR (DECEASED) THROUGH LRS. UPINDER KAUR AND OTHERS

RAJINDER KAUR (DECEASED) THROUGH LEGAL HEIR USHA versus GURBHAJAN KAUR (DECEASED) THROUGH LRS. UPINDER KAUR AND OTHERS

The High Court erred in holding that defendant No.3(a) and defendant Nos.15 to 19 were not liable to render accounts; since defendant No.3(a) had admitted induction of tenants and receipt of rent and defendants Nos.15-19 are carrying on business in portions in their possession, the Trial Court must inquire into the genuineness of rent claims, fix the appropriate rent and require these defendants to render accounts and/or contribute rent to the common kitty as assessed while passing the final decree; if any co-sharer fails to contribute, their distributable share shall be reduced accordingly.

Parties
Appellant / Plaintiff: Rajinder Kaur (Deceased) Through Legal Heir Usha; Respondent / Defendant: Gurbhajan Kaur (Deceased) Through Lrs. Upinder Kaur and Others
Jurisdiction
India
Judgment Date
23 July 2024
Procedural Posture
Civil Appeal / At the Stage of Preliminary Decree in Partition Proceedings
Outcome
Appeals allowed
Legal Topics
Rendition of Accounts by Co Sharers, Mesne Profits, Sale by Auction, Chandigarh (sale of Sites and Buildings) Rules, 1960
Partition Property Law Civil Procedure Rendition of Accounts by Co Sharers Mesne Profits Sale by Auction Chandigarh (sale of Sites and Buildings) Rules, 1960

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Parties

Rajinder Kaur (Deceased) Through Legal Heir Usha

Appellant / Plaintiff

Gurbhajan Kaur (Deceased) Through Lrs. Upinder Kaur and Others

Respondent / Defendant

Procedural Posture

Civil Appeal / At the Stage of Preliminary Decree in Partition Proceedings

Legal Issues

  1. 1 Whether defendant No.3(a) and defendant Nos.15 to 19 are liable to render accounts of rent and/or contribute for use and occupation of portions in their possession
  2. 2 Whether High Court was justified in absolving those defendants from rendition of accounts

Ratio Decidendi

The High Court erred in holding that defendant No.3(a) and defendant Nos.15 to 19 were not liable to render accounts; since defendant No.3(a) had admitted induction of tenants and receipt of rent and defendants Nos.15-19 are carrying on business in portions in their possession, the Trial Court must inquire into the genuineness of rent claims, fix the appropriate rent and require these defendants to render accounts and/or contribute rent to the common kitty as assessed while passing the final decree; if any co-sharer fails to contribute, their distributable share shall be reduced accordingly.

Court Disposition

Appeals allowed

Orders

  • Impugned judgments of the High Court dated 05.04.2018 set aside.
  • Defendant No.3(a)-S.C. Bhalla and defendant Nos.15 to 19 (Kailash Chand Gupta, Indu Bala, Sahil Gupta, Pratik Gupta and Ankita Gupta) shall be liable to render accounts and/or liable to contribute rent as assessed by the Trial Court during the course of passing of final decree for the portions in their respective...